Legal Question in Family Law in California
Re-Married
If I was to get re-married could my ex collect any child support from either myself or my new spouse? I have sole physical and we have joint leagal custody? My ex is dissabled and collecting SSI, I receive an SSI check every month for our child which is considered "the child support". I pay for all child care cost and my ex pays for travel for visitation twice a year as that he lives out of state. Could my new husband and I be held responsible to pay for the visitation travel cost?
2 Answers from Attorneys
Re: Re-Married
Yes it could happen.
Re: Re-Married
The separate property of your spouse cannot be attached to pay child support. However, one half of his income is your income. It is possible that money in a joint account in both of your names could be attached.
However, at the present time you are not paying any support. Whether or not you would have to pay him support depends on the amount of income you have, the amount of his income and the per cent of time the children are with him.
If the income of the custodial spouse is enough higher than the non custodial parent, the custodial parent can be ordered to pay child support to the noncustodial parent.
You should contact an attorney and review the income the respective parties. You can then have a better idea where you stand.
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